Managed DNS (premium DNS / anycast servers), including the provision of such anycast servers on a separate, single-tenant network at additional cost (“Dedicated DNS”) (collectively, the “Managed DNS Services” or “Services”) are provided by NSONE Inc and subject to the End User Terms set out below and as updated from time to time.

In the event of any conflict between your contract for Services and these End User Terms, and to the extent that such conflict relates to the Services, the parties acknowledge and agree that the End User Terms shall prevail.

DEFINITIONS

“Agreement” means together these End User Terms and your contract for Services

“Client” means your client contracting entity as set out in your contract for Services

“Service(s)”, for the purposes of these End User Terms means the Managed DNS (premium DNS / anycast servers) and (where requested by Client at additional cost) the optional add-ons such as, but by no means limited to, Filter Chains, Monitors and Dedicated DNS

“Supplier” in these End User Terms shall mean the Com Laude contracting entity set out in your contract for Services

END USER TERMS

1. SERVICES: Client agrees that it will not, and will not authorise any other party, to: (1) use any of Services in a manner that is inconsistent with the terms of the Agreement; (ii) it will not modify, adapt, translate, copy, decompile, disassemble, or reverse engineer any portion of the Services; (iii) use, sell, lease or permit use of any portion of the Services for the benefit of any third party (other than to parties whom the Supplier and Client agree are covered by these Services or pursuant to contractual terms between the parties; or (iv) use the Services to violate any applicable law, regulation or order, including without limitation, any applicable export control and data protection laws; and (v) use the Services to develop, test or enhance any products that are competitive to any products or services offered by the Supplier, NS1 or either of their affiliates.
2. LIMITED WARRANTY: EXCEPT FOR (i) SERVICE-SPECIFIC WARRANTIES EXPRESSLY SET FORTH IN A STATEMENT OF WORK OR SERVICE TERMS AND (ii) ANY WARRANTY, REPRESENTATION OR CONDITION TO THE EXTENT THE SAME CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, THE PARTIES AND ITS LICENSORS, AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM AND EXCLUDE ANY AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY OR UNDER STATUTE, COMMON LAW, CUSTOM, USAGE, COURSE OF PERFORMANCE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SUPPLIER AND ITS LICENSORS, AFFILIATES, AGENTS, SUBCONTRACTORS AND SUPPLIERS (WHICH INCLUDE NS1) DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, THAT ANY SERVICES PROVIDED WILL SATISFY THE CLIENT’S REQUIREMENTS OR THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT-FREE OR UNINTERRUPTED, OR THAT ALL PRODUCT DEFECTS WILL BE CORRECTED. EXCEPT FOR SERVICE-SPECIFIC WARRANTIES EXPRESSLY SET FORTH IN A STATEMENT OF WORK OR SERVICE TERMS, THE SERVICES AND ANY CORRESPONDING SOFTWARE (IF MADE AVAILABLE), INCLUDING ALL CONTENT THEREIN, ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT ANY GUARANTEES REGARDING QUALITY, PERFORMANCE, SUITABILITY, TIMELINESS, DURABILITY, INTEGRABILITY OR ACCURACY, AND CLIENT ACCEPTS THE ENTIRE RISK OF AND RESPONSIBILITY FOR SELECTION, USE, QUALITY, PERFORMANCE, SUITABILITY AND RESULTS OF USE THEREOF.

1. LIMITATIONS ON LIABILITY: NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, INACCURACY OF DATA, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE SERVICE-SPECIFIC FEES DUE TO BE PAID BY CLIENT TO SUPPLIER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE FIRST CLAIM AROSE. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS SECTION 3 SHALL NOT APPLY TO A PARTY’S LIABILITY RESULTING FROM A BREACH OF ITS OBLIGATIONS UNDER SECTION 1 OF THESE END USER TERMS OR BREACH OF ITS PAYMENT OBLIGATIONS UNDER THE CONTRACT FOR SERVICES.
2. RESTRICTIONS ON USE: Client agrees that it will not, and it will not authorize any other party, to: (i) knowingly interfere with or disrupt the operation of the Services provided to Client, or made available by Supplier to third parties; (ii) transmit or make available in connection with the Services any denial of service attack, virus, worm, Trojan horse or other harmful code or activity; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures relating to the Service without the express written consent of Supplier in each instance; (iv) knowingly take any action with respect to any Services that repeatedly imposes, or may repeatedly impose, in Supplier’s reasonable opinion, an unreasonable or disproportionately large load on Supplier’s or NS1’s infrastructure; (v) submit, post or make available false, incomplete or misleading information to the Services; (vi) impersonate any other person or business; or (vii) violate the rights of any other party or infringe upon any intellectual property rights of a party.
3. INDEMNIFICATION: Client will indemnify, defend and hold harmless Supplier (including its directors, officers, employees and agents) from and against any and all third party claims, demands, losses, costs, expenses, damages and liabilities (including reasonable lawyers’ fees) relating to Client’s breach of Section 4 of these End User Terms.
4. DNS SERVERS IN MAINLAND CHINA: Should Client request the use of DNS servers in Mainland China, Client acknowledges and agrees that the Supplier’s third party contractor, NS1 has acquired an Internet Content Provider (“ICP”) License to provide the Services to the Client on DNS servers in mainland China. As a condition to use the Services in mainland China, Client agrees to the following:
   1. Client shall not use the Services to disseminate information that:
      1. Advocates against the fundamental principle of the Constitution of the People’s Republic of China (“PRC”);
      2. Endangers PRC national security, sovereignty or the unification of the PRC or leaks any PRC national secrets;
      3. Is detrimental to the PRC national honour and interest;
      4. Agitates societal hatred, societal discrimination or undermines societal unity of the PRC;
      5. Is detrimental to the PRC national policy on religion, promotes occult or superstition;
      6. Disseminates rumours to disrupt societal order or undermine the social stability of the PRC;
      7. Teaches lewd behaviour, obscene behaviour, pornography, gambling, violence, murder, terror, or solicits a crime;
      8. Is defamatory and libellous of others or violates other legal rights; or
      9. Consists of any other content explicitly prohibited by law.
   2. Client shall be permitted to use up to 50,000,000 China queries per month corresponding with the query band it falls into. In the event Client exceeds 50,000,000 China queries in any given month, Client shall be billed an additional overage fee set forth by the Supplier for such additional queries. Additionally, Client agrees to negotiate in good faith a separate agreement with the Supplier in respect of the continued use thereafter of China queries per month.
   3. Client agrees to indemnify, defend and hold harmless Supplier, NS1 and its affiliates (including its and their respective directors, officers, employees and agents) from and against any and all third party Claims arising from a breach of any of Client’s obligations set forth in Subsection 6 a above.
   4. NS1 shall have no liability for Service interruptions caused as a result of a termination or suspension of NS1’s ICP License.